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Firearms Act (S.C. 1995, c. 39)

Full Document:  

Act current to 2024-05-28 and last amended on 2023-12-15. Previous Versions

Licences, Registration Certificates and Authorizations (continued)

Term

Marginal note:Term of licences

  •  (1) A licence that is issued to an individual who is eighteen years old or older expires on the earlier of

    • (a) five years after the birthday of the holder next following the day on which it is issued, and

    • (b) the expiration of the period for which it is expressed to be issued.

  • Marginal note:Extension period

    (1.1) Despite subsection (1), if a licence for firearms is not renewed before it expires, the licence is extended for a period of six months beginning on the day on which it would have expired under that subsection.

  • Marginal note:No use or acquisition

    (1.2) The holder of a licence that is extended under subsection (1.1) must not, until the renewal of their licence, use their firearms or acquire any firearms, ammunition or cartridge magazines.

  • Marginal note:Authorizations — no extension

    (1.3) The extension of a licence under subsection (1.1) does not result in the extension of any authorization to carry or authorization to transport beyond the day on which the licence would have expired under subsection (1).

  • Marginal note:Authorizations — issuance

    (1.4) During the extension period, the following authorizations must not be issued to the holder of the licence:

    • (a) an authorization to carry; and

    • (b) an authorization to transport, unless it is issued

      • (i) for a reason referred to in subparagraph 19(1)(b)(i) or (ii), or

      • (ii) because the holder wishes to transport a firearm for disposal through sale or exportation.

  • Marginal note:Minors

    (2) A licence that is issued to an individual who is less than eighteen years old expires on the earlier of

    • (a) the day on which the holder attains the age of eighteen years, and

    • (b) the expiration of the period for which it is expressed to be issued.

  • Marginal note:Businesses

    (3) A licence that is issued to a business other than a business referred to in subsection (4) expires on the earlier of

    • (a) three years after the day on which it is issued, and

    • (b) the expiration of the period for which it is expressed to be issued.

  • Marginal note:Businesses that sell only ammunition

    (4) A licence that is issued to a business that sells ammunition but is not authorized to possess firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition expires on the earlier of

    • (a) five years after the day on which it is issued, and

    • (b) the expiration of the period for which it is expressed to be issued.

  • (5) and (6) [Repealed before coming into force, 2008, c. 20, s. 3]

  • Marginal note:Notice to holder

    (7) The chief firearms officer shall give notice of every extension under this section to the holder of the licence.

Marginal note:Term of authorizations

  •  (1) Subject to subsections (2) to (4), an authorization expires on the expiration of the period for which it is expressed to be issued.

  • Marginal note:Authorizations to transport

    (2) Subject to subsection (3), an authorization to transport that takes the form of a condition attached to a licence expires on the earlier of

    • (a) the expiration of the period for which the condition is expressed to be attached, and

    • (b) the expiration of the licence.

  • Marginal note:Authorizations to transport

    (3) An authorization to transport a prohibited firearm, except for an automatic firearm, or a restricted firearm for use in target practice, or a target shooting competition, under specified conditions or under the auspices of a shooting club or shooting range that is approved under section 29, whether or not the authorization takes the form of a condition attached to the licence of the holder of the authorization, expires on the earlier of

    • (a) the expiration of the period for which the authorization is expressed to be issued, which period may be no more than five years, and

    • (b) the expiration of the licence.

  • Marginal note:Authorizations to carry

    (4) An authorization to carry expires

    • (a) in the case of an authorization to carry that takes the form of a condition attached to a licence, on the earlier of

      • (i) the expiration of the period for which the condition is expressed to be attached, which period may not be more than two years, and

      • (ii) the expiration of the licence; and

    • (b) in the case of an authorization to carry that does not take the form of a condition attached to a licence, on the expiration of the period for which the authorization is expressed to be issued, which period may not be more than two years.

  • 1995, c. 39, s. 65
  • 2003, c. 8, s. 41

Marginal note:Term of registration certificates

 A registration certificate for a prohibited firearm or a restricted firearm expires when

  • (a) the holder of the registration certificate ceases to be the owner of the firearm;

  • (b) the firearm ceases to be a firearm; or

  • (c) the classification of the firearm as a restricted firearm or a prohibited firearm changes as a result of an amendment to an Act of Parliament or to a regulation made under an Act of Parliament.

Marginal note:Renewal

  •  (1) A chief firearms officer may renew a licence, authorization to carry or authorization to transport in the prescribed manner.

  • Marginal note:Restricted firearms and pre-December 1, 1998 handguns

    (2) On renewing a licence authorizing an individual to possess restricted firearms or handguns referred to in subsection 12(6.1) (pre-December 1, 1998 handguns), a chief firearms officer shall decide whether any of those firearms or handguns that the individual possesses are being used for a purpose described in section 28.

  • Marginal note:Registrar

    (3) A chief firearms officer who decides that any restricted firearms or any handguns referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) that are possessed by an individual are not being used for that purpose shall

    • (a) give notice of that decision in the prescribed form to the individual; and

    • (b) inform the Registrar of that decision.

  • Marginal note:Relics

    (4) Subsections (2) and (3) do not apply to a firearm

    • (a) that is a relic, is of value as a curiosity or rarity or is valued as a memento, remembrance or souvenir;

    • (b) that was specified in the licence application as being a firearm for which a registration certificate under the former Act was issued because the firearm was a relic, was of value as a curiosity or rarity or was valued as a memento, remembrance or souvenir;

    • (c) for which a registration certificate under the former Act was issued because the firearm was a relic, was of value as a curiosity or rarity or was valued as a memento, remembrance or souvenir; and

    • (d) in respect of which an individual, on the commencement day, held a registration certificate under the former Act.

  • Marginal note:Material to accompany notice

    (5) A notice given under paragraph (3)(a) must include the reasons for the decision and be accompanied by a copy of sections 74 to 81.

  • 1995, c. 39, s. 67
  • 2003, c. 8, ss. 42, 56

Refusal to Issue and Revocation

Marginal note:Licences and authorizations

 A chief firearms officer shall refuse to issue a licence if the applicant is not eligible to hold one and may refuse to issue an authorization to carry or authorization to transport for any good and sufficient reason.

Marginal note:Registration certificates

 The Registrar may refuse to issue a registration certificate, authorization to export or authorization to import for any good and sufficient reason including, in the case of an application for a registration certificate, where the applicant is not eligible to hold a registration certificate.

Marginal note:Revocation of licence or authorization

  •  (1) A chief firearms officer may revoke a licence, an authorization to carry or an authorization to transport for any good and sufficient reason including, without limiting the generality of the foregoing,

    • (a) where the holder of the licence or authorization

      • (i) is no longer or never was eligible to hold the licence or authorization,

      • (i.1) transfers, as defined in section 21, a non-restricted firearm other than in accordance with section 23,

      • (ii) contravenes any condition attached to the licence or authorization, or

      • (iii) has been convicted or discharged under section 730 of the Criminal Code of an offence referred to in paragraph 5(2)(a); or

    • (b) where, in the case of a business, a person who stands in a prescribed relationship to the business has been convicted or discharged under section 730 of the Criminal Code of any such offence.

  • Marginal note:Registrar

    (2) The Registrar may revoke an authorization to export or authorization to import for any good and sufficient reason.

Marginal note:Revocation of registration certificate

  •  (1) The Registrar

    • (a) may revoke a registration certificate for a prohibited firearm or a restricted firearm for any good and sufficient reason; and

    • (b) shall revoke a registration certificate for a firearm held by an individual where the Registrar is informed by a chief firearms officer under section 67 that the firearm is not being used for a purpose described in section 28.

  • Marginal note:Automatic revocation of registration certificate

    (2) A registration certificate for a prohibited firearm referred to in subsection 12(3) (pre-August 1, 1992 converted automatic firearms) is automatically revoked on the change of any alteration in the prohibited firearm that was described in the application for the registration certificate.

  • 1995, c. 39, s. 71
  • 2003, c. 8, s. 44
  • 2012, c. 6, s. 21

Marginal note:Notice of refusal to issue or revocation

  •  (1) Subject to subsection (1.1), if a chief firearms officer decides to refuse to issue or to revoke a licence or authorization to transport or the Registrar decides to refuse to issue or to revoke a registration certificate, authorization to export or authorization to import, the chief firearms officer or Registrar shall give notice of the decision in the prescribed form to the applicant for or holder of the licence, registration certificate or authorization.

  • Marginal note:When notice not required

    (1.1) Notice under subsection (1) need not be given in any of the following circumstances:

    • (a) if the holder has requested that the licence, registration certificate or authorization be revoked; or

    • (b) if the revocation is incidental to the issuance of a new licence, registration certificate or authorization.

  • Marginal note:Material to accompany notice

    (2) A notice given under subsection (1) must include reasons for the decision disclosing the nature of the information relied on for the decision and must be accompanied by a copy of sections 74 to 81.

  • Marginal note:Non-disclosure of information

    (3) A chief firearms officer or the Registrar need not disclose any information the disclosure of which could, in the opinion of the chief firearms officer or the Registrar, endanger the safety of any person.

  • Marginal note:Disposal of firearms, etc.

    (4) A notice given under subsection (1) in respect of a licence must specify that the applicant for or holder of the licence may deliver to a peace officer or a firearms officer or a chief firearms officer any firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition that the applicant for or holder of the licence possesses within 24 hours or, if that is not possible, within an extended period established by the chief firearms officer. Sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder in relation to such a firearm, prohibited weapon, restricted weapon or prohibited device or such prohibited ammunition during that period.

  • Marginal note:Disposal of firearms — registration certificate

    (5) A notice given under subsection (1) in respect of a registration certificate for a prohibited firearm or a restricted firearm must specify that the applicant for or holder of the registration certificate may deliver to a peace officer or a firearms officer or a chief firearms officer the firearm to which the registration certificate relates within 24 hours or, if that is not possible, within an extended period established by the chief firearms officer. Sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder in relation to such a prohibited firearm or restricted firearm during that period.

  • Marginal note:Reference

    (6) If the applicant for or holder of a licence refers the refusal to issue it or revocation of it to a provincial court judge under section 74, they must, within the period referred to in subsection (4), deliver to a peace officer any firearm that they possess. Sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder in relation to such a firearm during that period.

  • Marginal note:Order — return of firearm

    (7) If the decision of the chief firearms officer is confirmed, the judge may, if a firearm was delivered to a peace officer under subsection (6), order the return of the firearm to the applicant for or holder of the licence, in order for the applicant or holder to lawfully dispose of it.

  • Marginal note:Conditions

    (8) When making an order under subsection (7), the judge may impose any conditions that they consider appropriate in the interests of the safety of the applicant for or holder of the licence or any other person, including

    • (a) the time within which and manner in which the firearm is to be returned;

    • (b) the manner in which the applicant or holder is to have access to the firearm during the period beginning with the return of the firearm and ending with its disposal; and

    • (c) the manner in which the firearm is to be disposed of.

  • Marginal note:Effect

    (9) An order made under subsection (7) takes effect on

    • (a) the day after the day on which the period for making an appeal has expired, if no appeal is made; or

    • (b) the day on which a final determination is made in respect of the appeal, if an appeal is made and the decision of the chief firearms officer is confirmed.

  • Marginal note:If decision confirmed

    (10) If the appeal has been finally determined and the decision of the chief firearms officer is confirmed, the applicant for or holder of the licence must lawfully dispose of a firearm that was delivered to a peace officer under subsection (6) within 30 days after the day on which the firearm is returned to them. Sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder in relation to such a firearm during that 30-day period.

 

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